The entire process legally, must take no longer than 20 weeks. This starts once the Needs Assessment request is submitted.

Weeks 1-6

From when the needs assessment is requested until week six the Local Authority receive the EHCNA request which will have the parent/carer and child/young person views and wishes. Then a local authority panel takes place, they review the evidence and decide whether they are going to conduct the EHCNA or not.

If the Local Authority agree to the Needs Assessment, they will notify the parent/carer or young person (16+) it will move to the next stage of the process.

If the Local Authority choose not to conduct the EHC Needs Assessment, then the parent/carer or young person (16+) has a right to appeal the decision.

Weeks 7-12

The Local Authority must gather advice from relevant professionals about the child or young person’s education, health and care needs. Those professionals must respond within 6 weeks.

Once the Local Authority have gathered and reviewed the evidence, a panel will make a decision about whether the LA are going to issue an EHCP or not.

If the Local Authority agree to issue an EHCP they will notify the parent/carer or young person (16+) and it will move to the next stage of the process.

If the Local Authority choose not to issue an EHCP (they must tell the parent/carer within 16 weeks of the EHCNA request) then the parent/carer or young person (16+) has a right to appeal the decision. If this is the case, please see our EHCP and Appealing to the SEND tribunal sections on our website.

Weeks 13-16

The Local Authority will start to write an EHCP based on the professional reports that were gathered in the EHC Needs Assessment.

The Local Authority will issue a draft EHCP. The parent/carer or young person will then have 15 calendar days to review the draft plan and respond with any changes they want made, it is also at this time that they ask for their preference of educational setting to be named in the EHCP.

Once the Local Authority has received the parent/carer or young person (16+) comments and preference they must then consult with the school specified and the school must respond within 15 days. At this stage the LA can also consult with other schools it deems suitable.

Weeks 17-20

The Local Authority will amend the EHCP with any changes it thinks necessary, including the name of the school/setting the child/young person is expected to attend.

Once the EHCP is finalised the Local Authority must send a copy to the parent/carer or young person (16+) and the governing body of the school named in the EHCP.

If the parent/carer or young person (16+) is unhappy with the final EHCP either because amendments to certain sections of the plan weren’t made or the preferred education setting hasn’t been named in Section I then they have the right to appeal these decisions.

For more information about appealing a final EHCP please see our ‘Appealing to the SEND tribunal’ resource section.